Who may use a Rule 12(b) motion to dismiss?

• A. The plaintiff
• B. The defendant
• C. The court
• D. Neither party

Answer: (B)

A Rule 12(b) motion is a defense raised by the party being sued at the start of the case to dismiss the complaint on various grounds, such as lack of jurisdiction or failure to state a claim. Because it’s a procedural tool used to push back against the suit, the defendant is the one who may file it. The plaintiff initiates the action and would respond to such a motion rather than file it themselves. The court doesn’t file a Rule 12(b) motion on its own behalf, though it can dismiss sua sponte in some rare situations. So the defendant is the party who may use a Rule 12(b) motion to dismiss.